Georgia House of Representatives - 1995/1996 Sessions

HB 71 - Income tax withheld on federal pensions; claim for credit

Page Numbers - 1/ 2/ 3

Code Sections - 48-2-35.1

1. Poston  3rd


House Comm: W&M        /                Senate Comm:            /                                   
House Vote: Yeas       Nays             Senate Vote: Yeas     Nays                                  
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               House          Action         Senate                                                 
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              1/9/95   Read 1st Time                                                                
              1/10/95  Read 2nd Time                                                                
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Rules Suspended to Introduce                                                                        
                                                                                                    
Code Sections amended: 48-2-35.1                                                                    


HB 71                                             LC 21 3013






                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Article 2 of Chapter 2 of Title 48 of the Official
  1- 2  Code of Georgia Annotated, relating to state administration
  1- 3  of revenue and taxation, so as to provide for claims for
  1- 4  credits of certain state income taxes paid with respect to
  1- 5  federal pension income; to provide for tax credits with
  1- 6  respect to income taxes owed by a taxpayer; to provide for
  1- 7  procedures and forms; to provide for powers, duties, and
  1- 8  responsibilities of the state revenue commissioner with
  1- 9  respect to the foregoing; to provide an effective date; to
  1-10  repeal conflicting laws; and for other purposes.

  1-11       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-12  Article 2 of Chapter 2 of Title 48 of the Official Code of
  1-13  Georgia Annotated, relating to state administration of
  1-14  revenue and taxation, is amended by adding a new Code
  1-15  section immediately following Code Section 48-2-35, to be
  1-16  designated Code Section 48-2-35.1, to read as follows:

  1-17    "48-2-35.1. (Index)

  1-18    (a) A taxpayer shall be credited any and all state income
  1-19    taxes paid in taxable years 1986, 1987, and 1988 with
  1-20    respect to any federal pension income of such taxpayer,
  1-21    whether paid voluntarily or involuntarily, which taxes
  1-22    were assessed and collected under a statute expressly held
  1-23    to be unconstitutional by a court of last resort or where
  1-24    such court determined that such taxpayer was ineligible to
  1-25    receive such credit due to procedural reasons.  Such tax
  1-26    credits shall be applied against income tax owed by the
  1-27    taxpayer.  The taxpayer shall receive such credit during
  1-28    the first taxable year.

  1-29    (b) Each claim shall be filed in writing on a form
  1-30    prescribed by the commissioner and shall contain such
  1-31    information as the commissioner may reasonably require.




                                 -1- (Index)

                                                  LC 21 3013

  2- 1    (c) In the event the taxpayer desires a conference or
  2- 2    hearing before the commissioner in connection with any
  2- 3    claim for credit, the taxpayer shall specify such desire
  2- 4    in writing in the claim and, if the claim conforms with
  2- 5    the requirements of this Code section, the commissioner
  2- 6    shall grant a conference at a time he or she shall
  2- 7    reasonably specify.

  2- 8    (d) The commissioner or the commissioner's delegate shall
  2- 9    consider information contained in the taxpayer's claim for
  2-10    credit, together with such other information as may be
  2-11    available, and shall approve or disapprove the taxpayer's
  2-12    claim and notify the taxpayer of the action taken.

  2-13    (e) Any taxpayer whose claim for credit is denied by the
  2-14    commissioner or the commissioner's delegate or whose claim
  2-15    is not decided by the commissioner or the commissioner's
  2-16    delegate within one year from the date of filing the claim
  2-17    shall have the right to bring an action for a credit in
  2-18    the superior court of the county of the residence of the
  2-19    taxpayer, except that if the taxpayer is a nonresident
  2-20    individual, the taxpayer shall have the right to bring an
  2-21    action for a credit in the Superior Court of Fulton County
  2-22    or in the superior court of the county in which the
  2-23    commissioner in office at the time the action is filed
  2-24    resides.

  2-25    (f) No action or proceeding for the recovery of a credit
  2-26    under this Code section shall be commenced before the
  2-27    expiration of one year from the date of filing the claim
  2-28    for credit unless the commissioner or the commissioner's
  2-29    delegate renders a decision on the claim within that time,
  2-30    nor shall any action or proceeding be commenced after the
  2-31    expiration of two years from the date the claim is denied.
  2-32    The two-year period prescribed in this subsection for
  2-33    filing an action for credit shall be extended for such
  2-34    period as may be agreed upon in writing between the
  2-35    taxpayer and the commissioner during the two-year period
  2-36    or any extension thereof.

  2-37    (g) In the event any taxpayer's claim for credit is
  2-38    approved by the commissioner or the commissioner's
  2-39    delegate and the taxpayer has not paid other state taxes
  2-40    which have become due, the commissioner or department may
  2-41    set off the unpaid taxes against the credit. When the
  2-42    setoff authorized by this subsection is exercised, the
  2-43    credit shall be deemed granted and the amount of the
  2-44    setoff shall be considered for all purposes as a payment


                                 -2- (Index)

                                                  LC 21 3013

  3- 1    toward the particular tax debt which is being set off. Any
  3- 2    excess credit remaining after the setoff has been applied
  3- 3    shall be credited to the taxpayer as otherwise provided in
  3- 4    this Code section."

                         SECTION 2.

  3- 5  This Act shall become effective upon its approval by the
  3- 6  Governor or upon its becoming law without such approval.

                         SECTION 3.

  3- 7  All laws and parts of laws in conflict with this Act are
  3- 8  repealed.




































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